This bill would change federal patent law (title 35, United States Code) to add a new rule. If a court issues a final judgment finding that someone infringed a patent, the patent owner would be entitled to a rebuttable presumption that the court should grant a permanent injunction against that infringing conduct. The bill includes findings saying effective patent protection and the traditional use of injunctions are important for inventors and that recent court decisions reduced owners' ability to get injunctions.
If a court decides a patent was infringed, the patent owner would start with a legal presumption that a permanent injunction should be ordered to stop the infringing activity. That presumption can be challenged and overcome by the accused infringer in court. The bill is aimed at strengthening the ability of inventors, universities, startups, and small businesses to stop ongoing or willful infringement.
No publicly available information.
Supporters say the change restores a historical, traditional rule that courts usually granted injunctions when patents were infringed. They argue the presumption will help protect the exclusive rights of inventors, preserve incentives for innovation, and reduce incentives for larger companies to engage in repeated or willful infringement against undercapitalized patent owners.
No publicly available information.